Termination of training contract during probationary period
60 Termination of training contract during probationary period
(1) The employer who is a party to a training contract may, by giving written notice of termination to the apprentice or trainee, terminate the contract at any time during the probationary period of the contract.
(2) The apprentice or trainee who is a party to a training contract may, with the consent of a parent or guardian if the apprentice or trainee is under 18 years of age, by giving written notice to the employer terminate the contract at any time during the probationary period of the contract.
(3) A party to a training contract who gives written notice of termination under subsection (1) or (2) to another party to the contract must, as soon as reasonably practicable and in any event within 14 days after giving the notice under subsection (1) or (2), give a copy of the notice to the CEO.
(4) The CEO must, immediately after being given a copy of a notice of termination under subsection (3), notify the parties to the training contract of that fact.
(5) A notice of termination has effect from the date a copy of the notice is given to the CEO under subsection (3) or, if the notice specifies a later effective date, from the later date.
A party to a training contract commits an offence if:
(a) the party gives to another party to the contract written notice of termination under subsection (1) or (2); and
a period of 14 days has passed since the notice was given; and
(c) a copy of the notice has not been given to the CEO under subsection (3).
Maximum penalty: 10 penalty units.
(7) An offence against subsection (6) is an offence of strict liability.
Note for section 60
See section 46 for the probationary period of a training contract.
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